`571.272.7822
`
`Paper 21
`Entered: February 28, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`DIGITAL AUDIO ENCODING SYSTEMS, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01710
`Patent 7,490,037 B2
`____________
`
`
`
`
`
`Before MICHAEL J. FITZPATRICK, STACEY G. WHITE, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`WORMMEESTER, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Motion to Expunge and Dismissing Motion to Seal
`37 C.F.R. § 42.56
`
`
`
`
`
`
`IPR2016-01710
`Patent 7,490,037 B2
`
`
`Patent Owner filed a Motion to Seal (Paper 14), seeking to seal Patent
`Owner’s Preliminary Response (Paper 10) and its Exhibits 1–3 (Papers 11–
`13), which were incorrectly numbered and mistakenly filed as papers,
`instead of exhibits. Patent Owner then filed a Motion to Expunge (Paper
`15), seeking to expunge the same papers it sought to seal in its Motion to
`Seal.
`
`In the Motion to Expunge, Patent Owner’s counsel states that
`Petitioner “alleges that both the Response and exhibits include confidential
`information subject to a non-disclosure agreement.” Paper 15, 1. In
`addition, Patent Owner’s counsel states that the parties “expect to take steps
`to seek an adverse judgment on the above-identified IPR, and/or dedicate the
`patent [(U.S. Patent No. 7,490,037)] to the public” because “Patent Owner
`believes that the patent claims of the subject patent . . . are invalid in light of
`recently-developed information, specifically, a break in the continuity in the
`chain of priority applications due to failure to pay an extension fee.” Id.
`Patent Owner’s counsel certifies that the parties have conferred regarding
`Patent Owner’s Motion to Expunge and that Petitioner does not oppose the
`Motion to Expunge. Id.
`Since filing its Motion to Expunge, Patent Owner filed a statutory
`disclaimer (Paper 17), disclaiming all thirty-two claims of U.S. Patent
`No. 7,490,037, and we denied the Petition. See 37 C.F.R. § 42.107(e);
`Paper 20. Under these circumstances, we determine that it is appropriate to
`grant Patent Owner’s Motion to Expunge. We will accordingly dismiss as
`moot Patent Owner’s Motion to Seal.
`In consideration of the foregoing, it is
`ORDERED that Patent Owner’s Motion to Expunge is granted;
`
`2
`
`
`
`IPR2016-01710
`Patent 7,490,037 B2
`
`
`FURTHER ORDERED that Papers 10–13 shall be expunged from the
`record; and
`FURTHER ORDERED that Patent Owner’s Motion to Seal is
`dismissed as moot.
`
`
`
`PETITIONER:
`
`Vincent Galluzzo
`vgalluzzo@crowell.com
`
`Teresa Rea
`trea@crowell.com
`
`Jonathan Stroud
`jonathan@unifiedpatents.com
`
`PATENT OWNER:
`
`Timothy Devlin
`tdevlin@devlinlawfirm.com
`
`3
`
`
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